Pertanggung Jawaban Direksi P2P Lending Dalam Hal Terjadinya Perbuatan Melawan Hukum Terhadap Investor

Sabina Rokhimallah (Universitas Muhammadiyah Sidoarjo)
Sri Budi Purwaningsih (Universitas Muhammadiyah Sidoarjo)

Journal Customary Law
Vol. 3 No. 2 (2026): March

The growth of information technology-based lending services or peer-to-peer (P2P) lending in Indonesia has provided a financing alternative for the public while simultaneously offering investors opportunities to deploy their capital. Although P2P lending offers various advantages, investors remain exposed to significant risks, particularly the possibility of financial losses arising from unsuccessful financing activities or unlawful conduct committed by platform operators or other related parties. The implementation of P2P lending creates a legal relationship involving three main parties, namely the platform operator, the borrower, and the investor. Each party is bound by rights and obligations derived from applicable laws as well as contractual agreements entered into by the parties. Based on these circumstances, this research focuses on examining the civil liability of directors of P2P lending platform companies when unlawful acts result in financial losses for investors. The study also explores the legal relationships formed among the parties participating in P2P lending transactions and analyzes the legal grounds on which directors may be held civilly responsible for investor losses. This research adopts a normative legal research method using a statutory approach. The analysis is based primarily on the Civil Code, Law Number 40 of 2007 on Limited Liability Companies, and Financial Services Authority Regulation (POJK) Number 10/POJK.05/2022 concerning Information Technology-Based Funding Services. Secondary legal materials consist of scientific articles obtained through a Google Scholar search using the keywords "Digital Startups in the Event of Unlawful Acts." The results of this study indicate that there are three legal relationships in P2P lending that place providers in a strategic position to manage risk. Organizers and directors can be held civilly liable if negligence is proven to meet the requirements of Article 1365 of the Civil Code. To improve investor protection, this study recommends strengthening the accountability and governance of organizers.